Jurisdictional Determination – Harlan County

Jurisdictional Determinations are conducted by BSC personnel in support of the requirements of Section 404 of the Clean Water Act (CWA) to identify “waters of the U.S.” as identified by the United States Army Corps of Engineers (USACE). Field surveys for the determination were conducted in accordance with the 1987 USACE Wetlands Delineation Manual (USACE, 1987) and the Final Regional Supplement for the Piedmont and Eastern Mountains Region (USACE, 2012). BSC investigators also evaluate the potential for federal jurisdiction under Section 404 of the CWA over aquatic features in the study area based on USACE revised guidance published December 2, 2008.

Kentucky contains seven Level III ecoregions. These ecoregions were defined by similarities in geology, physiography, vegetation, climate, soils, land use, wildlife, and hydrology. The proposed project area is located within the Central Appalachians ecoregion (69) which drains 23,698 square miles. Specifically, the project is within the Level IV ecoregion 69e (Cumberland Mountain Thrust Block) which encompasses 1,083 square miles. The topography in this area is characterized as highly dissected, hilly and mountainous plateau with steep ridges, very narrow ridge tops, narrow valleys, and deep coves. 69e contains elevations ranging from approximately 980’- 4,139’ in Kentucky and contains streams with high gradients, waterfalls, many riffles, few pools, and cobble or boulder substrates (Woods et al., 2002).